Private Property DUI – Do You Have to Give a Breath or Blood Sample in Virginia?
Driving impaired on private property? Virginia DUI rules aren’t the same as for public roads. The state’s Implied Consent law only applies when driving on “highways”—so your rights may differ if you’re on private land.
📜 Virginia’s Implied Consent Law
Under Virginia Code § 18.2‑268.2, anyone who operates a vehicle on a public highway is deemed to have consented to breath or blood tests following arrest for DUI :contentReference[oaicite:1]{index=1}. This consent doesn’t automatically apply on private property
🚧 Private vs Public Property
If your DUI stop happens entirely on private property—like a residential driveway or restricted lot—the implied consent rule may not kick in :contentReference[oaicite:2]{index=2}. However, courts allow breath/blood tests at arrest if:
- You’re later found to have driven on a public highway; or
- Your own statements indicate you came from public roads to private property—triggering implied consent :contentReference[oaicite:3]{index=3}.
🧠 Rights During Testing
You have the right to observe the testing process—including the sample printout, whether blood or breath—under § 18.2‑268.2(B) :contentReference[oaicite:4]{index=4}.
🛡️ Legal Defenses in Private Property DUI
- Argue that implied consent mask didn’t apply off-highway
- Challenge testimony that you came from a public road
- Suppress evidence if testing rights were violated (e.g., observation right) :contentReference[oaicite:5]{index=5}
How Doummar Law Can Help
Our DUI defense team will:
- Evaluate exact location of your stop and lawful application of implied consent
- Analyze officer testimony or admissions about driving on public roads
- Challenge improper test procedures or violations of your rights
- Defend your record, license, and freedom with strategic legal action
📞 Call (757) 422‑0061 or schedule a free consultation to discuss your private property DUI defense strategy.
📢 Protect Your Rights Today
Whether your stop was on a driveway, parking lot, or private road, Doummar Law can challenge unwarranted testing and preserve your legal options.
